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Climate Progress

Arizona Governor Issues Surprise Veto Of ALEC-Endorsed Bill Allowing The State To ‘Take Back’ Public Lands

By Jessica Goad

In a surprise move last night, Arizona Governor Jan Brewer (R) vetoed a bill demanding that the federal government turn over up to 25 million acres of public lands to the state by 2014 or face a lawsuit.  In a statement, Brewer said that she was:

“…concerned about the lack of certainty this legislation could create for individuals holding existing leases on federal lands.  Given the difficult economic times, I do not believe this is the time to add to that uncertainty.”

The overwhelming legal expert opinion is that this type of bill is unconstitutional — which is how the courts have ruled over many decades.  The Salt Lake Tribune called a similar effort in Utah “tilting at windmills.”

This is a blow to the American Legislative Exchange Council, a corporate front group that designs “model” legislation and is funded by the likes of Koch Industries, BP, Exxon Mobil, and Shell.  ALEC endorsed this particular legislation, as the Associated Press reported:

Lawmakers in Utah and Arizona have said the legislation is endorsed by the American Legislative Exchange Council, a group that advocates conservative ideals, and they expect it to eventually be introduced in other Western states.

Turning over public lands could eventually lead to their privatization, opening them up to mining, drilling and other industrial activity.

A similar bill demanding federal lands be turned over to the state was signed into law by Utah Governor Gary Herbert (R) last month.  The state has demanded 30 million acres of public lands by 2015 or it will sue.  And, the Utah legislature has already authorized the state’s attorney general to spend $3 million on the anticipated legal battle.

Brewer’s veto of this bill is also a major setback to those aiming to start a new “sagebrush rebellion” in the West, and may bring an end to other lawmakers’ dreams of privatizing public lands.  As Arizona state senator Al Melvin, the primary sponsor of the bill, said:

What we envision is all of the Western states going before the Supreme Court to force this issue.

It seems that for now, this unconstitutional effort has been thwarted, despite similar bills rumored to be in development in Montana, Idaho, and New Mexico.

Jessica Goad is Manager of Research and Outreach for the Public Lands Project at the Center for American Progress.

Economy

Grijalva Slams Arizona Governor For Using Foreclosure Settlement Funds To Balance Budget

Thursday, Arizona Gov. Jan Brewer (R) announced that her state would become the latest to devote its portion of funds from the $25 billion mortgage fraud settlement to balancing the state budget. The funds were intended to go toward relief for struggling homeowners, but Brewer and the state legislature will use $50 million of its funds elsewhere.

Arizona Rep. Raul Grijalva (D) isn’t pleased with Brewer or the legislature and said as much Friday, saying Brewer took away “the once chance” homeowners had “to get some help,” The Nation reports:

“Working families were given the short end of the stick, and now Gov. Brewer and the Legislature won’t even let them have that,” Grijalva said. “This decision takes away the one chance Arizonans had to get some help navigating the banking bureaucracy that greased the skids on millions of foreclosures. It’s a clear statement of principles, that’s for sure.”

Arizona has been torched by the housing crisis — it lead the nation in foreclosures in March, and nearly half of its homeowners are underwater, the second most in the country. According to the Arizona Housing Alliance, the $50 million could help as many as 85,000 homeowners. Instead, it will go toward balancing a state budget that hands out more than a half-billion dollars in corporate tax cuts.

Justice

Citing Scalia, Arizona Gov. Jan Brewer Vetoes Guns In Public Buildings Bill

For the second time, Gov. Jan Brewer (R-AZ) rebuffed gun lobbyists’ efforts to enable people to bring firearms into public buildings by vetoing one of their pet bills:

Brewer’s veto of the bill, which could have let guns into city halls, police stations, county courts, senior centers, swimming pools, libraries and the state Capitol, was the latest setback for a push to expand the right to carry guns in public places in Arizona. . . .

Citing U.S. Supreme Court Justice Antonin Scalia in her veto letter, Brewer, who vetoed a similar bill last year, recognized the legitimacy of laws banning guns in sensitive places such as schools and government buildings.

“The decisions to permit or prohibit guns in these extremely sensitive locations — whether a city council chamber or branch office staffed with state workers — should be cooperatively reached and supported by a broad coalition of stakeholders, including citizens, law-enforcement officials and local government leaders,” Brewer wrote in her veto letter.

Brewer’s citation to Scalia might seem counterintuitive, but it is not particularly surprising. As Scalia wrote in District of Columbia v. Heller, the Second Amendment should not be read “to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.”

Indeed, the fact that even staunch conservatives like Jan Brewer and Antonin Scalia find the gun lobby’s reading of the Second Amendment to be a bridge too far indicates just how radical those groups have become — and how out of touch their supporters in elected office are as well.

Update

In a column discussing the four decade-long decline in gun ownership, the Economist echoes a similar theme. “The NRA is growing out of touch with modern Americans and even with its own members—who, according to surveys, now tend to support restrictions such as mandatory background checks on buyers of weapons at gun shows.”

NEWS FLASH

AZ Gov. Brewer Vetoes Unconstitutional Bill Tied To Radical ‘Oath Keepers’ | The Arizona legislature recently passed an unconstitutional bill that generally requires federal law enforcement officials to notify county sheriffs such as Joe Arpaio before they take action within the state. The lead sponsor of the bill, Rep. David Gowan (R) is tied to the “Oath Keepers,” a far right law enforcement group that encourages law enforcement to defy federal “orders” the Oath Keepers believe are unconstitutional. To her credit, Gov. Jan Brewer (R) vetoed this bill on Wednesday.

NEWS FLASH

Nativist Gov. Jan Brewer Endorses Romney | On Meet the Press this morning, Gov. Jan Brewer (R-AZ) endorsed Mitt Romney for President. Although Brewer offered little explanation for her decision, citing only Romney’s “pro-business background” and his “political history,” it is not the least bit surprising that one of the nation’s leading nativist politicians is now backing Romney. Brewer signed SB 1070, the first of a wave of anti-immigrant bills authored by Kansas Secretary of State Kris Kobach (R), who has also endorsed Romney. Romney also campaigned with Kobach on Martin Luther King Day, despite the fact that Kobach is an attorney with the legal arm of an organization the Southern Poverty Law Center designates a “nativist hate group.” Watch Brewer’s endorsement:

Economy

Arizona Bill To Limit Unions Would Cost Local Goverments Hundreds Of Thousands Of Dollars

Arizona Republicans introduced a slate of legislation earlier this month targeting public sector unions, earning Gov. Jan Brewer (R) the title of “the Scott Walker of the West,” an homage to the union-busting governor of Wisconsin who is now facing recall efforts. Though two of the bills, including one that would have essentially banned public sector unions, stalled in the state legislature, a bill that would end the practice of workers automatically deducting union dues from their paychecks is still proceeding.

Like Walker and his Republican colleagues in Wisconsin, Brewer and Arizona’s Republicans have presented the union “reforms” as a necessary step in bringing the state’s budget under control. But according to a new report from the state’s Joint Legislative Budget Committee, the bill would actually cost local and municipal governments — and Arizona taxpayers — hundreds of thousands of dollars, as Arizona Republic columnist E.J. Montini reports:

The Arizona Senate gave tentative approval Thursday to a bill that would prohibit deductions from government employees’ paychecks for unions, even after members were told by their own Joint Legislative Budget Committee that doing so would cost Arizona municipalities hundreds of thousands of dollars. [...]

According to a JLBC report, “Local governments estimated the impact to range from minimal to $300,000 in one-time spending and $85,000 per year in on-going expenditures.”

The bill would require workers to “expressly authorize” deductions on an annual basis. The additional costs would result from local and municipal governments “having to process annual renewals for union dues from all of its workers, rather than make changes only when specifically requested,” according to the East Valley Tribune.

The Republican argument that unions are costing Arizona taxpayers huge sums of money is already disingenuous. Arizona is a “right to work” state where state employees aren’t allowed to collectively bargain with their employer. Evidence that public sector workers are eating up state budgets is lacking, as states like North Carolina (which doesn’t allow collective bargaining) suffers from a larger budget deficit than New York (the most heavily unionized state in America). The share of state budgets that go toward state employee compensation, meanwhile, has actually decreased over the last two decades.

That Arizona Republicans continue to pursue the legislation despite evidence that it will actually cost taxpayers money is further proof that, like in Wisconsin, Indiana, and Ohio before them, the GOP’s anti-labor crusade is about permanently crippling unions, not about “fixing” state budgets.

Justice

Brewer Prepares To Reimpeach Election Official Who Was Illegally Fired For Making Arizona Elections Too ‘Competitive’

Earlier this month, Arizona Gov. Jan Brewer (R) strongarmed the state legislature into impeaching and removing the chair of that state’s bipartisan redistricting commission. According to Brewer, by drawing many congressional districts where there would be competitive races between Democratic and Republican candidates, the election official, Colleen Mathis, somehow engaged in “neglect of duty and gross misconduct.” Just over two weeks later, the state supreme court struck down this impeachment, holding that Brewer failed to show the “substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office” required to justify an impeachment. Apparently, not drawing maps that maximize GOP victories isn’t actually gross misconduct.

Never one to let a small thing like the Arizona Constitution get in the way of a good power grab, however, Brewer is now preparing for a second round:

Gov. Jan Brewer may make another attempt as early as this coming week to fire the chairwoman of the Independent Redistricting Commission.

The governor said Friday her attorneys are studying the brief order issued late Thursday by the Arizona Supreme Court voiding the governor’s Nov. 1 decision to fire Colleen Mathis. She said all options are on the table – including recrafting the letter she sent to Mathis firing her in a way that might pass court muster. [...] In their brief order, the justices said that Brewer’s Nov. 1 letter to Mathis, “does not demonstrate substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.” Those are the only reasons in the constitution that a governor can fire a commissioner.

Brewer noted, though, the justices did not say what would be legal and how she could fire Mathis in a way to satisfy the court.

People who actually care about the rule of law can only hope that the state legislature would balk at such a transparent and obvious power grab, but they probably shouldn’t hold their breath. Every single one of the state senate’s 21 GOP senators voted with Brewer to illegally remove Mathis from the commission the first time around.

Justice

BREAKING: Arizona Supreme Court Reverses Brewer-Led Impeachment, Reinstates Redistricting Commission Chair

In a stunning reversal, the Arizona Supreme Court tonight reversed an attempted power grab by Gov. Jan Brewer (R) and her Republican colleagues in the state legislature.

Last month, the state Senate took up Brewer’s push to impeach Colleen Mathis, the chairwoman of Arizona’s independent bipartisan redistricting commission. Even Brewer herself couldn’t explain how Mathis had exhibited “neglect of duty and gross misconduct,” the only grounds for impeachment in Arizona. Indeed, Mathis’ only real “crime” appears to be that she led a commission which drew a new congressional map with more competitive districts than had existed previously.

However, justice prevailed tonight as the Arizona Supreme Court rebuffed Brewer and decided to reinstate Mathis to lead the commission:

The Arizona Supreme Court Thursday evening reinstated the chairwoman of the Arizona Independent Redistricting Commission, rebuffing Gov. Jan Brewer’s unprecedented action earlier this month.

The ruling came less than three hours after the court heard arguments on the case, which revolved around the extent to which the commission is free of outside political interference.

The court decided the governor’s Nov. 1 removal letter to Colleen Coyle Mathis did not demonstrate “substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office.”

Now Mathis and the commission will resume their duty to finalize Arizona’s new congressional district maps. As Daily Kos notes, the group “published draft congressional and legislative maps last month, and since then, the commissioners have been hearing public feedback and have indicated that they plan to make changes to the maps in response.”

Barring any more unconstitutional power grabs from Brewer, the commission will be able to finalize the map in advance of next year’s election.

Justice

Gov. Jan Brewer Can’t Explain Her Partisan Political Tampering In Arizona’s Redistricting Process

Arizona Gov. Jan Brewer (R) has been under fire recently for her dramatic political move to interfere with the state’s bipartisan redistricting commission. Annoyed that the commission did not redraw congressional districts to benefit Republicans, Brewer convinced the GOP-controlled state Senate to impeach the commission’s independent chairwoman, Colleen Mathis.

State officials are only supposed to be impeached for “neglect of duty and gross misconduct.” But during an interview this week on Alan Colmes’ radio show, Brewer became completely incoherent when trying to defend her actions. She could not explain what offenses Mathis had committed that could possibly justify her impeachment:

COLMES: What did Colleen do that was inappropriate, Colleen Mathis?

BREWER: Well she acted, uh, inappropriately. Well it was very, pretty much obvious that she in communications, and doing things, uh, not in the public, and the people of Arizona deserve that –

COLMES: You mean she was doing things secretly? Like what?

BREWER: They just simply need to operate in a lawful and open fashion…

COLMES: I’m trying to understand what she did. What are you accusing her of having done?

BREWER: Well she wasn’t operating in the proper manner.

Listen here:

The Huffington Post reported that Brewer moved to impeach Mathis after being lobbied by incumbent GOP congressmen who wanted to protect their seats. Democrats have been calling for Brewer herself to be ousted for such an egregious attempt to compromise the integrity of the democratic process to rig elections for the GOP.

Justice

UPDATED: Arizona GOP Removes Redistricting Board Chair For Making Elections Too ‘Competitive’

Unlike most states, where congressional district are drawn by partisan lawmakers with an obvious interest in ensuring that their party comes out ahead, Arizona uses a much more sensible process where a bipartisan commission draws lines that are not intended to favor either party. This fundamental fairness irks Jan Brewer, so she’s laying the groundwork for a truly drastic response:

Arizona Gov. Jan Brewer is trying to impeach her state’s independent redistricting commission because it recommended political districts that do not disproportionately favor Republicans.

Brewer’s actual charge is that the commission—composed of two Republicans, two Democrats, and one independent—tried to “elevate ‘competitiveness’ over other goals,” an outcome that is apparently now synonymous with “neglect of duty and gross misconduct” in her mind.

To execute this power grab, Brewer is expected to call a special legislative session as soon as today to impeach the commission’s independent chair Colleen Mathis. Actually removing one or more commissioners will require a two-thirds vote of the state Senate, which has a 21 to 9 GOP majority.

Update

The state senate voted 21-6 to remove Mathis for the apparently impeachable offense of drawing fair and non-partisan redistricting maps.

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